D-362 QUITCLAIM FOR UNDERGROUND WATER RIGHTS 10465 BYRNE AVE, APN 357-12-038 RES. 02-217 RESOLUTION NO.. 02-217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM BIN XU AND CHI ZHANG,HUSBAND AND
WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP,
10465 BYRNE AVENUE,APN 357-12-038
WHEREAS,Bin Xu and Chi Zhang,husband and wife as community property with right
of survivorship, 10465 Byrne Avenue,APN 357-12-038,have executed a"Quitclaim Deed and
Authorization",which is in good and sufficient form,quitclaiming all their rights in and
authorizing the City of Cupertino,County of Santa Clara, State of California,to extract water
from the underground basin,underlying that certain real property situate in'the City of Cupertino,
more particularly described as follows:
All that certain real property situate in the City of Cupertino, County of Santa.
Clara, State of California, as shown and delineated on the attached Exhibits "A"
and"B".
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
"Quitclaim Deed and Authorization"so tendered;and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said
"Quitclaim Deed and Authorization"and this resolution. .
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of December, 2002,by the following vote:
Vote Members of the Citv Council
AYES: Chang, James,Lowenthal,Kwok, Sandoval
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: A0 VE
City Clerk Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-12-038
10465 Byrne Avenue
Bin Xu and Chi Zhang,husband and wife as community property with right of
survivorship,hereinafter referred to as the"GRANTOR",this 1 e' day of
0,J-e M� r 2002,hereby grant, bargain, assign, convey,remise, release and
forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation,hereinafter
referred to as the"GRANTEE", its successors and assigns, all the right,title, interest,
estate, claim and demand,both at law and in equity, and as well in possession as in
expectancy of the GRANTOR as owner of that certain real property situate in the County
of Santa Clara, State of California, and specifically described as follows:
SEE ATTACHED EXHIBIT"A" &`B"
to pump,take.or otherwise extract water from the underground basin or any underground
strata in the Santa Clara Valley for beneficial use upon the lands overlying said
underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its
successors and assigns; on behalf of the GRANTOR and its successors in ownership or
overlying lands in the said lot to take from said underground basin within the said lot any
and all water which the owner or owners of said overlying lands may be entitled to take
for beneficial use on said lands and to supply such water to such owner or owners or
others as a public utility; provided, however, that nothing contained in this instrument
shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the
above described map or to authorize GRANTEE to make any withdrawal of water which
will result in damage to any building or structure erected upon said lot.
EXHIBIT "A'
QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHTS
All of that real property situate in Santa Clara County, California described as follows:
Beginning at a point in the center line of Byrne Avenue formerly Buena Vista Avenue (40
feet wide) that is distant thereon South 150.00 feet from the intersection of said center line
with the East prolongation of the South line of Tract No. 139 Stevens Creek Subdivision
Map no. 1 according to the Map thereof recorded in Book 4 of Maps, at page 43, Santa
Clara County records; thence West and Parallel with the South line of said Tract No. 139
and the East prolongation of said line, 20.00 feet to the TRUE POINT OF. BEGINNING of
this description and the Westerly boundary of the annexation to the City of Cupertino
entitled °Byrne Ave., 85-01" and the Westerly boundary of Byrne Avenue; thence leaving
said Westerly boundary and proceeding West 130.00 feet to a point on the Easterly
boundary of the annexation to the City of Cupertino entitled "McClellan Road, 87-04"
thence proceeding along said annexation boundary North 50.00 feet; thence leaving said
Easterly boundary and proceeding East 130.00 feet to a point on the Westerly boundary of
the annexation to the City of Cupertino entitled "Byrne Ave., 88-11" and the. Westerly
boundary of Byrne Ave.; thence along said Westerly boundary and the Westerly boundary .
of the annexation to the City of Cupertino entitled "Byrne Ave., 85-01", South 50.00 feet to
the TRUE POINT OF BEGINNING.
Containing 0.149 acre more or less and being a part of the Southwest one-quarter of
Section 14, Township 7 South, Range 2 West, M.D.B.M.
J:1 JO B S 1 Xu 1 EXH I B I T-A.d o c
8-15-02
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EXHIBIT 'A'
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SCALE: 1" = 100' APN 357-12-038
s ANNEXATION DOLORES
0.149 AC (6,500 SQ. FT.)
AVE.
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a 1 0.00 0 a ® - - - -�
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CITY LIMITS OF CUPERTINO z t 130.0 L' o
PER ANNEXATION MCCLELLAN WEST Z
ROAD 87-04" T.P.O.B. ; — _ J
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McCLELLAN ROAD
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CITY LIMITS 0 CUPERTINO 4
PER ANNEXATION "BYRNE
VICINITY MAP AVE. 85-01"
ALCAZAR r
CUPERTINO CITY LIMITS
PROPOSED ANNEXATION LIMITS
DOLORES
m ¢ AUGUST 15, 2002
0
SITE McCLELLAN RD.
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1�ESOLiTTION NO. 02-216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM
BIN XU AND CHI ZHANG,HUSBAND AND WIFE AS COMMUNITY
PROPERTY WITH RIGHT OF SURVIVORSHIP,
10465 BYRNE AVENUE,APN 357-12-038
WHEREAS, Bin Xu and Chi Zhang, Husband and Wife as community property
with right of survivorship, have executed a Grant of Easement for Roadway Purposes
which is in good and sufficient form, granting to the City of Cupertino, County of Santa
Clara, State of California, easement over certain real property for roadway purposes,
situate in the City of Cupertino, more particularly described in Exhibit"A" and Exhibit
"B", attached hereto and made a part hereof,which is as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California,located at 10465 Byrne Avenue,APN 357-12-038.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
grant so tendered;and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record
said grant and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of December, 2002,by the following vote:
Vote Members of the Citv Council
AYES: Chang,James,Lowenthal,Kwok, Sandoval
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PROV
City Clerk Mayor, City of Cupertino
PLAT TO ACCOMPANY
EXHIBIT 'A' FOR DEDICATION OF
ROAD RIGHT OF WAY TO THE CITY OF CUPERTINO
T
APN 357-12-038
SCALE: 1 "= 30
10' DEDICATION
EAST 130.00
120.00 OK00
EAST 10.00 6:: I W
ry o NORTH 50.00' >
0 co WEST 10.00' Q
120.00 O
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VICINITY MAP 20'
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OCIVIL
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EXHIBIT A
DEDICATION OF ROAD RIGHT OF WAY
All of that real property situate in'Santa Clara County, California described'as follows:
Beginning at a point in the center line of Byrne Avenue formerly Buena Vista Avenue (40
feet wide) that is distant thereon South 150.00 feet from the intersection of said center line
with the East prolongation of the South line of Tract No. 139 Stevens Creek Subdivision
Map no.. 1 according to the Map thereof recorded in Book 4 of Maps, at page 43, Santa
Clara County records; thence West and Parallel with the South line of said Tract No. 139
and the East prolongation of said line, 20.00 feet to the TRUE POINT OF BEGINNING of
this description; thence West 10.0.0 feet; thence North 50.00 feet; thence East 10.00 to a
point in the Westerly boundary of the aforementioned Byrne Ave.; thence South 50.00 feet
to the TRUE POINT OF BEGINNING.
Containing 500 square feet more or less and being a part of the Southwest one-quarter of
Section 14, Township 7 South, Range 2 West, M.D.B.M.
J:IJOBSIXA)edication.doc
11-08-02
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GRANT OF EASEMENT
FOR ROADWAY PURPOSES
APN 357-12-038
10465 Byrne Avenue
Bin Xu and Chi Zhang, husband and wife as community property with right of
survivorship, grant to the CITY OF CUPERTINO for public roadway purposes, together with
the right to construct, repair, operate, and maintain any and all public utilities and improvements
which shall be or become necessary for preservation of the public safety, welfare or convenience,
the hereinafter, described property which is situated in the City of Cupertino, County of Santa
Clara, State of California, and as described as follows:
(See Exhibit "A" & "B")
IN WITNESS WHEREOF, executed this 1 "day of My V , 2002.
Owners: '
6MyCoK.P.ARIATHURAI
Commission#1371721
Notary Public-California > $Iri Xu
mm.E)piresAug25,2006i
Alameda County —
A Chi Zhang
1G P Aiz t AT H-Lt P-,4�-I � tl.J D T pnLq
(Notary acknowledgment to be attached)
l�� /a Z
CALIFORMA ALLU POSACKNOWLEDGMENT
State of California
County of Santa Clara
On t � � 9,001 before me,JSunita Sine,Notary Public
Date Name and Title of Officer
personally appeared XIA
------------
--�.
Name of Signer(s)
personally known to me
proved to me on the basis of
satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they
SUNITA SINGH F executed the same in his/her/their
COMM. 5
NOTARY PUBLIC-CALIF-CALIFORNIA authorized capaclty(les), and that by
"
SANTA CLARA COUNTY his/her/their signature(s) on the
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instrument the person(s), or the entity
upon behalf of which the person(s) acted,
executed the instrument.
WITNESS nay hand and official seal
/ ig azure of Notary Public
OPTIONAL INFORMATION
Description of Attached Document
Title or Type of Document: 6g-AA1 t of -Lc.ucswT hek PoA.DW
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Document lute: lj Ll 20 u?, Number of Pages: j ''
SFBayNo-t-5 y,com
CALIFORNIA ALL PURPOSEACKNOWLEDGMENT
State of California
County of Sant. C12ra
On /L before me,JSunit Singh,Notary public I
Date Name and Title of Officer
personally appeared 75,6(- 1.f
Name of Signer(s)
I�
personally Imown to me ¢
i proved to me on the basis or I
satisfactory evidence
to be the person(s) whose name(s) is/are I:
subscribed to the within instrument and
acknowledged to me that he/she/they
5 SUIT SINGH F, executed the same in his/her/their j
COMM.# 1527555
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gr m NOTARY PUBLlC-CALIFORNIA authorized CapaClty(3eS), and that by
1 ~ A COUNTY
SANTA CLARhis/her/their signature(s) on the
COUiih.EXP.NOV.1$,2008'A
; �" `° instrument the person(s), or the entity
+ upon behalf of which the person(s) acted,
executed the instrument.
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q� WITNTE.SS my hand and official seal
gn•:ure of Notary Public
Descriation of Aftached Document
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! Title or Type of Document: 'c.
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Document Date: 11 I ).� Number o71,ages. � �o
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This assignment, conveyance and authorization is made for the benefit of lot within the
above described plat and description and shall bind the owner of said lot within said plat
and description.
IN WITNESS WHEREOF, GRANTOR have executed this instrument the day and year
first above written.
OWNERS:
K.P.ARIATHURAI
Commission#1371721
Notary Public-California
Alameda County Bin Xu
Myr Comm.ExpIresAug 25,20M
Chi Zhang
(Acknowledgment and Notarial Seal Attached)
RECC'..RDING j�,'EEQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
R�
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE_
WITH GOV. CODE 6103
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
BIN XU AND CHI MANG
10465 BVRNE AVENUE
APN 357-12-038
v Original
13 For Fast Endorsement
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-12-038
10465 Byrne Avenue
Bin Xu and Chi Zhang, husband and wife as community property with right of
survivorship,hereinafter referred to as the"GRANTOR",thisI e' day of
14 0 few bei 2002, hereby grant,bargain, assign, convey,remise, release and
forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation,hereinafter
referred to as the"GRANTEE", its successors and assigns, all the right,title, interest,
estate, claim and demand, both at law and in equity, and as well in possession as in
expectancy of the GRANTOR as owner of that certain real property situate in the County
of Santa Clara, State of California, and specifically described as follows:
SEE ATTACHED EXHIBIT"A" & `B"
to pump,take or otherwise extract water from the underground basin or any underground
strata in the Santa Clara Valley for beneficial use upon the lands overlying said
underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its
successors and assigns, on behalf of the GRANTOR and its successors in ownership or
overlying lands in the said lot to take from said underground basin within the said lot any
and all water which the owner or owners of said overlying lands may be entitled to take
for beneficial use on said lairds and to supply such water to such owner or owners or
others as a public utility; provided, however,that nothing contained in this instrument
shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the
above described map or to authorize GRANTEE to make any withdrawal of water which
will result in damage to any building or structure erected upon said lot.
This assignment, conveyance and authorization is made for the benefit of lot within the
above described plat and description and shall bind the owner of said lot within said plat
and description.
IN WITNESS WHEREOF, GRANTOR have executed this instrument the day and year
first above written.
OWNERS:
K.P.ARIATHURAI
Commission#1371721
-�' Notary Public-California
Alameda County Bin Xu
My Comm.ExpiresAug 25,2006
Chi-Zhang
V,,'P. ik Z1AT4LLZ,&1 �J 0 q ?LkOLA C
IIT IbZ
(Acknowledgment'and Notarial Seal Attached)
EXHIBIT "A'
QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHTS
All of that real property situate in Santa Clara County; California described as follows:
Beginning at a point in the center line of Byrne Avenue formerly Buena Vista Avenue (40
feet wide) that is distant thereon South 150.00 feet from the intersection of said center line
with the East prolongation of the South line of Tract No. 139 Stevens Creek Subdivision
Map no. 1 according to the Map thereof recorded in Book 4 of Maps, at page 43, Santa
Clara County records; thence West and Parallel with the South line of said Tract No. 139
and the East prolongation of said line, 20.00 feet to the TRUE POINT OF. BEGINNING of
this description and the Westerly boundary of the annexation to the City of Cupertino
entitled "Byrne Ave., 85-01" and the Westerly boundary of Byrne Avenue; thence leaving
said Westerly boundary and proceeding West 130.00 feet to a point on the Easterly
boundary of the annexation to the City of Cupertino entitled "McClellan Road, 87-04";
thence proceeding along said annexation boundary North 50.00 feet; thence leaving said
Easterly boundary and proceeding East 130.00 feet to a point on the Westerly boundary of
the annexation to the City of Cupertino entitled "Byrne Ave., 88-11" and the Westerly
boundary of Byrne Ave.; thence along said Westerly boundary and the Westerly boundary
of the annexation to the City of Cupertino entitled "Byrne Ave., 85-01", South 50.00 feet-to
the TRUE POINT OF BEGINNING.
Containing 0.149 acre more or less and being a part of the Southwest one-quarter of
Section 14, Township 7 South, Range 2 West, M.D.B.M.
J:1 JOB S1 Xu1 EXHJBI T--A.doc
8-15-02
Q�pV ESSil
9
a No. 20597
�rF aF CA��FQ�,r -
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EXHIBIT B-
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TO ACCOMPANY
EXHIBIT 'A'
a
QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHTS
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CZ No. 20597. m I
Y LIMITS OF CUPERTINO s
ER ANNEXATION "BYRNE
1 ��F Qf'CAI.�F��� AVE. 88-11 '
SCALE: 1" = 100' APN 357-12-038 {
4 ANNEXATION
{ 0.149 AC (6,500 SQ. FT.) DOLORES
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PER ANNEXATION "MCCLELLAN WEST z
! ROAD 87-04" T.P.O.B. 9 _
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McCLELLAN ROAD
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CITY LIMITS 0 CUPERTINO
PER ANNEXATION "BYRNE
VICINITY MAP AVE. $5-01"
ALCAZAR
a — — — — CUPERTINO CITY LIMITS
ti a ------ PROPOSED ANNEXATION LIMITS
rDOLORES �
m AUGUST 15, 2002
o i
SITE MCCLELLAN RD.
i
„ NO FEE”
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of
Section 27281 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant dated
November 14, 2002, from
BIN XU AND CHI MANG
to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
December 2, 2002, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: December 3, 2002
By:
Administrative Clerk
REC6'RDING REQUESTED BY
City of Cupertino CONFORMED 1^
COPY: This d0curnent has.
WHEN RECORDED MAIL TO bcen COmparecl \k✓ith LZI L,a i�final.
uAN7A Cl ARA COUNTY CIL�RK-jI EC®RDB
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
BIN XU AND CHI MANG
10465 BYRNE AVENUE
APN 357-12-038
VFo
riginal
r Fast Endorsement
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-12-038
10465 Byrne Avenue
Bin Xu and Chi Zhang, husband and wife as community property with right of
survivorship,hereinafter referred to as the "GRANTOR", this l e' day of
iI OVem 6e,- 2002,hereby grant, bargain, assign, convey, remise,release and
forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter
referred to as the "GRANTEE", its successors and assigns, all the right, title, interest,
estate, claim and demand, both at law and in equity, and as well in possession as in
expectancy of the GRANTOR as owner of that certain real property situate in the County
of Santa Clara, State of California, and specifically described as follows:
SEE ATTACHED EXHIBIT"A" & "B"
to pump,take or otherwise extract water from the underground basin or any underground
strata in the Santa Clara Valley for beneficial use upon the lands overlying said
underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its
successors and assigns, on behalf of the GRANTOR and its successors in ownership or
overlying lands in the'said lot to take from said underground basin within the said lot any
and all water which-the owner or owners of said overlying lands may be entitled to take
for beneficial use on said lands and to supply such water to such owner or owners or
others as a public utility; provided, however,that nothing contained in this instrument
shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the
above described map or to authorize GRANTEE to make any withdrawal of water which
will result in damage to.any building or structure erected upon said lot.
This,assignment, conveyance and authorization is made for the benefit of lot within the
above described plat and description and shall bind the owner of said lot within said plat
and description.
IN WITNESS WHEREOF, GRANTOR have executed this instrument the day and year
first above written.
OWNERS:
K.P.ARIATHURAI
Commission#1371721
-� Notary Public-California Bin Xu
Alameda County
My Comm.Expires Aug 25,2006F
Chi Zhang
/Cvx� '
• (Z.!AT i-l; i Y�i`7 A L&L-4 C .
14 (�Z
(Acknowledgment and Notarial Seal Attached)
EXHIBIT "A'
- QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHTS
All of that real property,situate in Santa Clara County, California described as follows:
Beginning at a point in the center line of Byrne Avenue formerly Buena Vista Avenue (40
feet wide) that is distant thereon South 150.00 feet from the intersection of said center line
with the East prolongation of the South line of Tract No. 139 Stevens Creek Subdivision
Map no. 1 according to the Map thereof recorded in Book 4 of Maps, at page 43, Santa
Clara County records; thence West and Parallel with the South line of said Tract No. 139
and the East prolongation of said line, 20.00 feet to the TRUE POINT OF. BEGINNING of
this description and the Westerly boundary of the annexation to the City of Cupertino
entitled "Byrne Ave., 85-01" and the Westerly boundary of Byrne Avenue; thence leaving
said Westerly boundary and proceeding West 130.00 feet to a point on the Easterly
boundary of the annexation to the City of Cupertino entitled "McClellan Road, 87-04";'
thence proceeding along said annexation boundary North 50.00 feet; thence leaving said
Easterly boundary and proceeding East 130.00 feet to a point on the Westerly boundary of
the annexation to the City of Cupertino entitled "Byrne Ave., 88-11" and the Westerly
boundary of Byrne Ave.; thence along said Westerly boundary and the Westerly boundary
of the annexation to the City of Cupertino entitled "Byrne Ave., 85-01", South 50.00 feet to
the TRUE POINT OF BEGINNING.
Containing 0.149 acre more or less and being a part of the Southwest one-quarter of
Section 14, Township 7 South, Range 2 West, M.D.B.M.
J:IJOB SVuIEXHIB1 T--A.doc
8-95-02
Q�OF ESSION�
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SCALE: 1" = 100' APN 357-12-038
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PER ANNEXATION McCLELLAN WEST
ROAD 87-04" T.P.O.B. Ld
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McCLELLAN ROAD
S
d
CITY LIMITS 0 CUPERTINO
PER ANNEXATION "BYRNE
VICINITY MAP AVE. 85-01"
ALCAZAR I
CUPERTINO CITY LIMITS
w ¢ PROPOSED ANNEXATION LIMITS
� DOLORES
r
m ¢ AUGUST 15, 2002
o '
SITE McCLELLAN RD.
r , ,NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of
Section 27281 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant dated
November 14, 2002, from
BIN XU AND CHI MANG
to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
December 2, 2002, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: December 3, 2002
,13y:
.�
Administrative Clerk